PRP of Mars v. Government of Mars
Progressive Republican Party of Mars v. Government of Mars (2492) SCE 3 is a controversial landmark case heard by the Supreme Court of Earth-Mars. The matter concerned the right of the Progressive Republican Party of Mars (PRP) to campaign based on a platform which sought to change the Constitution of Mars, which the Government of Mars did not allow under the Mars Suppression of Political Dissidents Act of 2485. The majority, led by the Chief Justice, Johannes Vaughn, found in favor of the PRP, stating that while the Constitution of Earth did allow colonies to deviate in certain regards from its text based on the principle of differentiated context, the fundamental political right of subjects to campaign nonviolently, even in opposition to settled law, could not be legally violated. Background Mars was colonized by the TerraMine Corporation in 2386 as a mining venture in terms of the Space Exploration and Exploitation Treaty passed by the Earth Parliament just ten years prior. In 2441 a violent uprising of mine workers too place after a series of events wherein TerraMine refused to allow workers contact with Earth, continuously lowered their pay and did not address workplace safety concerns. Two years of fighting passed before a message could be relayed to Earth, for the first time informing the populace of the ongoing war. With mounting political pressure, the Earth Parliament was forced to declare TerraMine an unlawful organization and suspend its mining rights. While most TerraMine officials were arrested on Earth, many fled to Mars. When officials in government learned of this, the Earth Defense Force was dispatched to pursue, and if necessary, forcefully end the TerraMine governance of Mars. In 2462 the EDF was finally able to put down the occupation with assistance from local militias, liberating the colonial population. With TerraMine expelled, a military government was established. In 2474 the Second Mars Uprising began when the Martian citizenry, then numbering around 1 million, were refused political government at most, and political representation on Earth at least, by the military government. The war, much bloodier than the first, dragged on for 7 years, culminating in a peace settlement. The settlement was brought about mostly, once more, by political pressure on Earth. In terms of the agreement, Mars would have its own government in a type of federal relationship with Earth, but will remain a colony and subject of Earth. An interim Constituent Assembly was established and ratified a constitution for the colony, creating an executive government, a Legislative Council and a judiciary. Almost immediately a populist Miners and Workers Party (MWP) was established by the radical socialist republican elements within Martian society. The party sought full independence for Mars and the establishment of a democratic centrist state whereby a dictatorship of the proletariat would reign at the order of the day. The Colonial Party (CP), a more conservatively-minded party which came about as a result of a political merger between the Martian Association of Mining Houses and the Colonial Rights Association, represented the majority of Martians. The first general election concluded to this effect. The CP represented 26 of the 30 seats in the Legislative Council, with the MWP gaining only two seats (and the remaining two seats filled by independents). Less than a week thereafter, the MWP announced it would commence with an armed struggle against the 'imperialist' government, igniting the Martian Civil War. The Colonial Party government passed the Suppression of Political Dissidents Act in 2485 in order to assist with the war effort in civil affairs, as to counter civilians offering support to the rebels. In 2488 a slit occurred in the Miners and Workers Party, resulting in the establishment of the Progressive Republican Party. The PRP favored 'dialogue and peaceful protest' in order to bring about change, and not war. It subsequently declared its opposition to the Miners and Workers Party and aligned itself marginally with the government's war effort. It did, however, wish to bring about political change and still pursued full independence for Mars. Accordingly, it sought to change the Constitution, a goal it made clear in the Legislative Council. The government, however, declared the PRP an unlawful organization under the Suppression of Political Dissidents Act in 2490, resulting in the party losing its 2 seats in the Council and all its assets being seized. The Progressive Republican Party filed its lawsuit against the government at the Colonial Court just weeks later. Colonial Court of Mars The Government of Mars argued that some of the fundamental rights included in the Earth Constitution could be violated, relying on section 221, which read: 221. The fundamental rights which are contained in this Bill may be limited by colonies, dominions, federal subjects, but not states, provinces or territories, if -'' *''The nature of the right in the particular context would allow such limitation; *''The limitation would ensure that the right would not defeat its own purpose in the particular context;'' *''The purpose the right wishes to achieve would not be substantially hindered by the limitation; and'' *''The government in question ensures that the right can be exercised to the greatest extent possible, without the purpose of the limitation being defeated.'' Majority Minority Circuit Court for Colonial Matters Supreme Court of Earth Majority Chief Justice Vaughn delivered the majority judgment of the Supreme Court and found in favor of the Progressive Republican Party. He was joined by Justices Felipe, Hare, Kendall, Kiran, Ayittey, Hondeburger, and Zoeng. He held that section 221 of the Earth Constitution did indeed allow deviation and limitation of fundamental rights based on the principle of differentiated context. However, the particular limitations the Martian government intended did not comply with the provisos of section 221. Vaughn held: "The current government of any proper democracy cannot take such measures as to preclude governments which may potentially succeed it from bringing about change. The Progressive Republican Party is peacefully campaigning particularly on the idea of constitutional change, in essence declaring that 'if we are elected to government, we will do this'. The Government of Mars is saying 'then we will not allow you to be elected'. The Earth Constitution, the supreme law of our nation, provides explicitly that colonial governments may enact their own constitutions and allows them substantial leeway in determining their own affairs. However, the political right of subjects to campaign nonviolently for change cannot to this extent be limited as to destroy it completely." Minority Justices Blake and Walken dissented from the majority. See also *Earth-Mars *Government of Mars *Government of Earth Category:Earth-Mars (SWM)